2026-01570Rule

Ghost Rules from 1985 Finally Buried in Mining Regs Cleanup

Published Date: 1/27/2026

Rule

Summary

Starting January 27, 2026, the government is officially removing old rules that said all water from mining sites had to go through special silt traps before leaving. These rules were already tossed out by a court in 1985 but never officially erased, so this cleanup makes things clear and simple for mining companies. No big money changes or delays—just a neat update to keep the rules up to date!

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Removal of long‑suspended siltation rule

On January 27, 2026, the Office of Surface Mining Reclamation and Enforcement removed portions of 30 CFR (including the language in 30 CFR 816.46(b)(2) and 817.46(b)(2)) that had required all surface drainage to pass through a siltation structure before leaving a permit area. Those provisions were remanded by the court on July 15, 1985 and have been suspended for forty years, so this change simply cleans up the regulations and is intended to reduce confusion for mining companies without creating new costs or changing enforceable requirements or water quality protections.

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Key Dates

Published Date
Rule Effective
1/27/2026
1/27/2026

Department and Agencies

Department
Independent Agency
Agency
Interior Department
Surface Mining Reclamation and Enforcement Office
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